City of Utica v. Board of Supervisors

Hiscock, J.:

A consideration of the facts presented and of the statutory provisions applicable thereto leads us to the conclusion that plaintiff’s contention is the correct One and that it is entitled to the judgment which it seeks.

Pursuant to the provisions of the,Tax Law (General Laws, chap. 24, § 24; Laws of 1896, chap. 908, § 24), as amended by chapter 550 of the Laws of 1901, there was assessed in the year 1901 and collected upon shares of stock of banks located in the city of Utica the sum of $37,568.44. The board of supervisors, claiming to act under said statute providing for the…